6/17/13

ORDINANCE NO. __________

An ordinance amending Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code by amending Section 51A-4.203(3.2); providing (description of amendment); providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date. WHEREAS, the city plan commission and the city council, in accordance with the Charter of the City of Dallas, the state law, and the ordinances of the City of Dallas, have given the required notices and have held the required public hearings regarding this amendment to the Dallas City Code; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Paragraph (3.2), Gas Drilling and Production, Subsection (b), Specific Uses, of Section 51A-4.203, Industrial Uses, of Division 51A-4.200, Use Regulations of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is amended to read as follows: (3.2) Gas drilling and production. (A) Definitions:

(i) Gas drilling and production means the activities related to the extraction of any fluid, either combustible or noncombustible, that is produced in a natural state from the earth and that maintains a gaseous or rarefied state at standard temperature and pressure conditions, or the extraction of any gaseous vapors derived from petroleum or natural gas. (ii) production. (B) nonresidential] districts. Districts permitted: By SUP only in all [residential and See Article XII for definitions that apply to gas drilling and

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(C) required.

Required off-street parking: None. No handicapped parking is

(D) Required off-street loading: SQUARE FEET OF FLOOR AREA IN STRUCTURE 0 to 50,000 50,000 to 100,000 Each additional 100,000 or fraction thereof (E) TOTAL REQUIRED SPACES OR BERTHS 1 2 1 additional

Additional provisions:

(i) See Article XII for additional regulations relating to gas drilling and production. No provision found in Article XII may be waived through the adoption of or amendment to a planned development district. (ii) system. (iii) Trailers or mobile homes that are temporarily placed on the operation site and used by gas drilling workers as a residence is a permitted accessory use. (iv) Gas wells must be spaced at least: City council may require that an operator use a closed-loop

(aa) 300 feet from any institutional and community service use, recreation use (except when the operation site is in a public park), or residential use (except trailers or mobile homes placed on the operation site as temporary residences for workers); (bb) (cc) (dd) (ee) (ff) everyday operation of the well. (v) All structures and equipment, including tanks and tank batteries, must be spaced at least 100 feet from any institutional and community service use, recreation use (except when the operation site is in a public park), or residential use (except trailers or mobile homes placed on the operation site as temporary residences for workers).
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200 feet from any fresh- water well; 25 feet from any property line; 25 feet from any storage tank or source of ignition; 75 feet from any right-of-way; and 100 feet from any structure that is not used for the

(vi) Tanks and tank batteries must be spaced at least 100 feet from any combustible structure and spaced at least 25 feet from all right-of-ways and property lines. The Dallas Fire Code may require additional spacing depending on the size of the tank. (vii) Spacing is measured from the center of the well bore at the surface of the ground or from the closest point of the structure or equipment, in a straight line, without regard to intervening structures or objects, to the closest point of the use, structure, or feature creating the spacing requirement. Spacing requirements may not be waived or decreased through the adoption of a planned development district. (viii) Once any gas drilling related activity begins on the operation site, the applicant shall limit access to the operation site by erecting an eight-foot-tall temporary chain-link fence or by providing a guard to supervise the operation site 24 hours per day. Within 30 days after the wells on the operation site are completed, an eight-foot-tall permanent fence must be erected and maintained around the perimeter of the operation site. This provision controls over the fence height regulations of the zoning district. The SUP may require a different form of screening, but may not reduce the fence height requirements of this provision. (ix) Gates must be installed on all fences and must remain locked unless gas drilling personnel are present. Access to the operation site must comply with Chapter 5 of the Dallas Fire Code. The operation site plan must be reviewed and approved by the fire marshal before an SUP can be granted. (x) The operation site may not have a slope greater than 10 degrees unless the director determines that all equipment is located and activities occur on a portion of the operation site that does not have a slope greater than 10 degrees, there is adequate erosion control, and the slope of the operation site will not be a threat to the public safety or welfare. (xi) In addition to an SUP, compliance with other city, state, or federal laws or regulations is required, and may include platting, fill or alteration permit, building permits, gas well permits, or a public hearing to change a park use to a non-park use. These additional regulations may be required before, concurrently with, after, or independently of the SUP process. (F) Neighborhood meeting:

(i) Within 60 days after filing an SUP application, the applicant or operator must, at the applicant or operators expense, provide notice of a neighborhood meeting regarding the pending SUP application. (ii) The applicant and operator must attend and conduct the neighborhood meeting within 21 days after providing notice of the neighborhood meeting. The neighborhood meeting must be held at a facility open to the public near the proposed gas drilling and production use.

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(ii) meeting;

The notice of the neighborhood meeting must include: (aa) (bb) the date, time, and location of the neighborhood the identity of the applicant and the operator;

(cc) (dd) production use; (ee)

the location of the pending SUP application; information about the proposed gas drilling and the purpose of the neighborhood meeting; and

(ff) information about subscribing to the operators electronic notification list to receive updates about when specific operations will occur, including site preparation, drilling, casing, fracturing, pipeline construction, production, transportation and maintenance of the operation site. (iii) The applicant or operator must mail notice of the neighborhood meeting by depositing the notice properly addressed and postage paid in the United States mail. The notice must be written in English and Spanish. The applicant or operator must mail notice of the neighborhood meeting to all real property owners as indicated by the most recent appraisal district records and all mailing addresses within 2,000 feet of the property line of the proposed gas drilling and production use. (iv) Within five days after mailing the notice of the neighborhood meeting, the applicant shall file an affidavit with the Director swearing and affirming that all real property owners and mailing addresses within 2,000 of the property line of the proposed gas drilling and production use were mailed notice of the neighborhood meeting in accordance with the provisions of this paragraph. The affidavit must include a list of the real property owners and mailing addresses that received notice. (v) applicant or operator to: (aa) drilling and production use; (bb) explain the operations associated with gas drilling and production, including site preparation, site development and construction, drilling, casing, inform the community about the proposed gas The purpose of the neighborhood meeting is for the

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fracturing, pipeline construction, production, transportation, and maintenance of the operation site; and (cc) explain and provide information about subscribing to the operators electronic notification list to receive updates about when specific operations will occur, including site preparation, drilling, casing, fracturing, pipeline construction, production, transportation and maintenance of the operation site.

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